EL CONTRATO DE VITALICIO EN LA JURISPRUDENCIA Y EN LA LEY DE DERECHO CIVIL DE GALICIA.

Abstract

Galicia's Act 2/2006 on civil law reprises the lifetime support contract introduced in 1995, under which one or more persons undertake to provide support, to the extent, with the breadth and under the terms the parties set, to another person or persons in exchange for property or rights, providing a solution for the cancellation of the contract, the return of property and reimbursement for expenses. The inclusion of the lifetime support contract, which was not regulated in the 1963 Compilation, is intended to solve the situations of helplessness and loneliness that are arising due to the gradual aging of the population. Its essence lies in the value of support, taking the term "support" broadly to include food, board, clothing, medical aid and personal, even emotional, aid and care, suited to the circumstances of the parties. So that the contract will have third-party enforceability, it is formalised in a public document where the obligation is established to provide support "until the decease of the support recipient". Unless otherwise agreed, this obligation can be transferred to the successors of the obligated party. The "transferee" may desist on six months' notice delivered by reliable means and in that case must return the property and rights received and the fruits thereof. The support recipient has the power to cancel the contract in the event of grossly injurious or humiliating conduct by the other party, that party's spouse or partner or children living with the party, if the other party fails to care for the support recipient or attend to the support recipient's needs, or if there is full or partial failure to provide support that cannot be attributed to the support recipient. In that case the support recipient recovers the assigned property and rights, and any disposals and encumbrances are rendered void.